I 112th CONGRESS 1st Session H. R. 3722 IN THE HOUSE OF REPRESENTATIVES December 16, 2011 Mr. Pearce (for himself, Mr. Westmoreland, Mr. Roe of Tennessee, Mr. Duncan of South Carolina, Mr. DesJarlais, Mr. Huizenga of Michigan, Mr. Posey, Mr. King of Iowa, and Mr. Mulvaney) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend part A of title IV of the Social Security Act to require States to implement a drug testing program for applicants for and recipients of assistance under the Temporary Assistance for Needy Families program.

1.

Short title

This Act may be cited as the Putting Drug Free Families First Act of 2011.

2.

Drug testing program for applicants for and recipients of assistance under State TANF programs

(a)

Requirement that applicants and individuals receiving assistance be tested for illegal drug use

Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following: (12)

Requirement for drug testing; Denial of assistance for individuals found to have used an illegal drug

(A)

In general

A State to which a grant is made under section 403 may not use any part of the grant to provide assistance under the State program funded under this part to an individual unless the individual is tested for the use of the drugs listed in subparagraph (B)(i)— (i)if the individual has applied for such assistance and the application has not been approved, before the receipt of such assistance; and (ii)in any other case, before the end of the 3-month period that begins on the date of the enactment of this paragraph. (B)

Drugs to be included in testing

(i)

In general

In conducting drug testing pursuant to subparagraph (A), the State shall test for each of the following: (I)Marijuana. (II)Cocaine. (III)Opiates. (IV)Amphetamines. (V)Methamphetamine. (VI)Phencyclidine. (VII)Heroin. (VIII)Lysergic acid di­eth­yl­am­ide. (IX)3,4-methylenedioxy amphetamine. (ii)

Exception for prescription use of drugs

A positive test for a drug listed in clause (i) shall be disregarded for purposes of this paragraph if such drug was used pursuant to a valid prescription or as otherwise authorized by law. (C)

Denial of assistance for individuals who test positive for an illegal drug

(i)

In general

Except as provided in subparagraph (D), if an individual tests positive pursuant to subparagraph (A) for the use of any drug listed in subparagraph (B)(i), the State may not provide assistance under the State program funded under this part to such individual unless— (I)a 1-year (or, if the individual has so tested positive for the 2nd time, 3-year) period has elapsed since the results of the test were determined; and (II)the individual tests negative for the use of each drug listed in subparagraph (B)(i) at the end of such period. (ii)

Permanent ineligibility after third positive test result

If an individual tests positive pursuant to subparagraph (A) for the third time for the use of any drug listed in subparagraph (B)(i), the State shall treat such individual as permanently ineligible for assistance under the State program funded under this part. (D)

Rehabilitation exception after first positive test result

In the case of an individual who tests positive pursuant to subparagraph (A) for the first time for the use of any drug listed in subparagraph (B)(i), the period for which assistance may not be provided to an individual by reason of subparagraph (C)(i) shall be 180 days if the State determines that the individual— (i)has successfully completed a drug rehabilitation or treatment program for the drug for which the individual tested positive; and (ii)tests negative for the use of such drug at the end of such 180-day period. (E)

Payment of costs

The State shall require each individual who applies for assistance under the State program funded under this part to pay the portion of the cost of the drug testing pursuant to subparagraph (A) that pertains to such individual. If such individual tests negative for the use of each drug listed in subparagraph (B)(i) and the State provides assistance under the State program funded under this part to the individual, the State shall increase the first payment of such assistance in an amount equal to the amount paid by the individual under this subparagraph for the drug testing. (F)

Designee for child beneficiary

In the case of a parent of a minor child, if such parent tests positive pursuant to subparagraph (A) for the use of any drug listed in subparagraph (B)(i), the State shall designate an individual other than such parent to receive payments for assistance under the State program funded under this part on behalf of the minor child. The State may not so designate an individual unless the individual has been tested for the use of each drug listed in subparagraph (B)(i) and did not test positive. (G)

Definition of drug rehabilitation or treatment program

In this paragraph, the term drug rehabilitation or treatment program means a program that— (i)has been determined by the State to provide rehabilitation or treatment for the use of an illegal drug; and (ii)complies with all applicable Federal, State, and local laws and regulations. . (b)

Penalty for failure To implement illegal drug use testing program

Section 409(a) of the Social Security Act (42 U.S.C. 609(a)) is amended by adding at the end the following: (16)

Penalty for failure to implement illegal drug use testing program

If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(12) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 10 percent of the State family assistance grant. . (c)

Effective date

The amendments made by this section shall take effect on the 1st day of the 1st calendar quarter that begins on or after the date that is 1 year after the date of the enactment of this Act.